When, despite the previous Prohibition Notice about the same task, it was still carried out by incompetent people
What happened?
Employees of Add Prop Limited, a construction company, assembled a mobile tower scaffold on Putney High Street in London while under the supervision of its sole director. The scaffold tower, which had been assembled incorrectly with inadequate measures to separate it from members of the public, was subsequently covered in sheeting.
The sheeting acted as a sail in windy conditions, causing the tower scaffold to overturn. The structure struck and trapped two members of the public, resulting in serious injuries.
An investigation by the HSE found that the company had failed to ensure the temporary structure was designed, installed and maintained so that it could withstand foreseeable loads, including those created by wind acting on the sheeting. The company had previously been served with a Prohibition Notice in relation to unsafe work involving a tower scaffold at another site.
The investigation also found that the tower scaffold had neither been assembled nor inspected by adequately trained and competent persons. It had not been erected in accordance with the manufacturer’s instructions or established industry guidance.
Legal Outcome
Add Prop Limited was found guilty of breaching Regulation 19(2)(a) of the Construction (Design and Management) Regulations 2015. The company was fined £20,000 and ordered to pay £7,000 in costs.
The company’s sole director, Atif Riaz, was found guilty of an offence under Section 37 of the Health and Safety at Work etc. Act 1974. He was fined £1,730 and ordered to pay £1,730 in costs.
What can we learn from what happened?
A familiar tale of HSE guidance (this time for the erection of tower scaffolds) not being followed, and this not being the first time the company had fallen fowl of the enforcement authorities when they were issued with a Prohibition Notice related to same task.
The HSE are always more likely to prosecute repeat offenders, and this is an expensive and reputation-damaging example of not learning from previous mistakes.
Source of Information
HSE Press Release